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Misapplication of property.
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9. To subsection (3) of section eighty-seven of the principal Act (which relates to the punishment of fraud, false declaration and misappropriations) the following proviso shall be added:—
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Provided that where on such a complaint against a person of withholding or misapplying property, or applying it for unauthorised purposes, it is not proved that that person acted with any fraudulent intent, he may be ordered to deliver up all such property or to repay any sum of money applied improperly, with costs, but shall not be liable to conviction, and any such order shall be enforceable as an order for the payment of a civil debt recoverable summarily before a court of summary jurisdiction.
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